Current Status Bill Number:222 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970121 Primary Sponsor:McConnell All Sponsors:McConnell Drafted Document Number:res1166.gfm Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:School Safety Act, school districts, students, assault and battery, crimes and offenses
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970121 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND ARTICLE 7, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELATING TO ASSAULT AND CRIMINAL SEXUAL CONDUCT, BY ADDING SECTION 16-3-612, SO AS TO PROVIDE THAT A STUDENT CONVICTED OF ASSAULT AND BATTERY OF A SCHOOL OFFICIAL MUST BE PUNISHED BY IMPRISONMENT FOR NOT MORE THAN TWELVE MONTHS OR A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BOTH; TO AMEND SECTION 20-7-7210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO PROVIDE THAT A CHILD WHO COMMITS ASSAULT AND BATTERY AGAINST A SCHOOL OFFICIAL IS ELIGIBLE FOR DETENTION IN A SECURE FACILITY; TO AMEND SECTION 22-3-560 OF THE 1976 CODE, RELATING TO ASSAULTS AND BATTERIES AND OTHER BREACHES OF THE PEACE, SO AS TO PROVIDE THAT A MAGISTRATE MAY SENTENCE A PERSON TO NO MORE THAN 30 DAYS IN PRISON OR NO MORE THAN A $200 FINE AS LONG AS THE OFFENSE IS NOT COMMITTED AGAINST A SCHOOL OFFICIAL UNDER SECTION 16-3-612; TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL CRIME REPORTING, BY ADDING SECTION 59-63-370 TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE MUST IMMEDIATELY REPORT A STUDENT'S CONVICTION UNDER SECTION 16-3-612 TO THE SENIOR SCHOOL ADMINISTRATOR WHO THEN MUST NOTIFY THE STUDENT'S TEACHERS; BY ADDING SECTION 59-63-380 TO PROVIDE FOR IMMUNITY FOR SCHOOL OFFICIALS IN REPORTING SCHOOL-RELATED CRIME; AND BY ADDING SECTION 59-63-390 TO PROVIDE THAT THE REPORTING REQUIREMENTS AND A SUMMARY OF SECTION 16-3-612 MUST BE INCLUDED IN THE STUDENT HANDBOOK.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-612. If a student is convicted of assault and battery, which is not of an aggravated nature, on school grounds or at a school-sponsored event against a person affiliated with the school in an official capacity, including, but not limited to, administrators, teachers, substitute teachers, teacher's assistants, student teachers, custodial staff, food service staff, and volunteers, the student must be punished by imprisonment for not more than twelve months or a fine of not more than one thousand dollars, or both, at the discretion of the judge."
SECTION 2. Section 20-7-7210(B) of the 1976 Code, as last amended by Act 383 of 1996, is further amended to read:
"(B) A child is eligible for detention in a secure juvenile detention facility only if the child:
(1) is charged with a violent crime as defined in Section 16-1-60;
(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:
(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear at court proceedings;
(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or
(d) has a demonstrable recent record of adjudications for other felonies; and:
(i) there is reason to believe the child is a flight risk or poses a threat of serious harm to others; or
(ii) the instant offense involved the use of a firearm;
(3) is a fugitive from another jurisdiction;
(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury;
(5) had in his possession a deadly weapon;
(6) has a demonstrable recent record of wilful failure to comply with prior placement orders including, but not limited to, a house arrest order. ;
(7) commits an assault and battery of any kind on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, as defined in Section 16-3-612.
A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to any judge of the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge. The family court judge may establish conditions for the release."
SECTION 3. Section 22-3-560 of the 1976 Code is amended to read:
"Section 22-3-560. Magistrates may punish by fine not exceeding two hundred dollars or imprisonment in the jail or house of correction not exceeding thirty days all assaults and batteries and other breaches of the peace when the offense is not neither:
(1) of a high and aggravated nature requiring, in their judgment, greater punishment; nor
(2) committed against a person affiliated with a school in an official capacity under Section 16-3-612.
SECTION 4. Article 4, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-370. (A) The Department of Juvenile Justice is required to provide immediate notice of a student's conviction under Section 16-3-612 or of any violent crime, as defined by Section 16-1-60, to the senior administrator of the school in which the student is enrolled.
(B) The administrator is required to notify each teacher in whose class the student is enrolled.
Section 59-63-380. A person affiliated with school in an official capacity is immune from criminal prosecution and civil liability following a report of school-related crime made in good faith, to the extent that the exposure to criminal prosecution or civil liability arises from the same report of school-related crime.
Section 59-63-390. The senior administrator of each school is responsible for including an accurate summary of the provisions of this article and of Section 16-3-612 in the student handbook each year."
SECTION 5. This act takes effect upon approval by the Governor.